RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 290, 28 August 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., R.M.j

Saturday) August $5. Daimk and Incapable. — Thomas Dowling was fined ss, or, in default, twentyfour hours' imprisonment with bard labor. Drunkenness and Disobdbely Conduct. — Henry William Pearson was fined ss, or, in default, twenty-four hours imprisonment with hard labor. A further charge of using abusive and insulting language towards the police was brought against Pearson, for which lie was fined LI , or, in default, forty-eight hours imprisonment. Lunacy. — Samuel Benjamin, on remand from tbe 22nd instant, charged with, being of unsound mind, was again remanded until the 28th, for further medical examitiaUbil. , , , Larceny as a Bailee. —Edward B. Bdltoh was charged with this offence. Mr Button appeared to prosecute ; no evidence was taken. Tlie prisoner was remanded till the 28th August. Wilful and Corrupt Perjury. — George H". Chamberlain, on remand from the 17th inst., was further remanded at tbe request of the police until the 3rd of September. , n Larceny trow a DwELLiNG.-r-GeoVge H. Chamberlain and John Aid ridge, on remand from the 17th inst. Edward Bridgman Bolton waa called and proved the fact of the robbery from the Police Camp. The pris mers were remanded till the 3rd Sept. Larceny. — John Acheson Carr, on remand from the 17th inst., was again remanded till the 3rd Sept. Assault. — Robert M ills was charged with assaulting Mrs Fish wick; the case had been called on the 24th, but defendant did not appear to hia sunimons, he Was nevfe brought up in custody. The husband of the complainant appeared, and stated that his wife had just been confined, and could not appear. The Prisoner was remanded till Wednesday, the 29th inst. Breach of Shipping Act. — D. Sullivan, late master of the ' schooner Maid of Erin, appeared to answer to an information laid by the Collector of Cus* toms, charging him With refusing to delivei? up the certificate of registry of the afore?, said .ves^eL. contrary tp clause sft of th£ Merchant Shipping Act, 1854. The cas§ waa adjourned till Monday, the 2"7 th ' August, 1866.

M§*BAT f August 27 8 . i>«tJNftAp iNgAPi&M— j_ohnjijeii and Thomas Collins were fined 63.]' or in de] fault {.-twenty -four hours imprisonment with MM labors

Drunkenness and Disobdeely Conduct. John Jones was fined ss. and 15s. respectively, or in default forty-eight hours imprisonment with hard labor. Larceny, — Thomas O'Donnell wai charged with stealing a coat valued at kfy the property . of, Mt Msijseii. Mr" O'Loughfin defended t be prisoner, who' was remanded until to-morrow (this day), LabcenyI — William Thomas was ch'argeq with stealing four, shovels, of tbe value Or LI, the property of Fisher Brothers. This prisoner Was also remfiiided until the 28th, . for the purpose of procuring the attendance of witnesses-on- either side. «,

Breach of" the Mehchaxt Shipping Act-.^D. -Sullivan,, .late master of the schooner Maid of Erin, was charged, on the information of Mr Patten, Collector of Customs, with refusing to deliver up the certificate of registry of that vessel. Mr Oakes appeared for Captain Sullivan. Mr Wisher (of Fisher Brothers) was called,, and stated that tbe Maid of Erin was sold on Thursday last under a mortgage, and purchased fay Spence Brothers for L 825, and tbat the register of the vessel was re 1 * quired by the Custom authorities lot the purpose of having the change of masters endorsed thereon. The witness owned a. fourth share of the ship, and three-fourths was owned prior to the-sale by Capt, jSu}livan, who h^d mortgaged his shares to.the amount of L6OO to Thomas InnisJ of Newcastle. For the defence, Mr Oakes argued that the sale was invalid, the vessel having been advertised for sale prior to Mr Fisher receiving the power of attorney authorising him to sell, which only arrived "on the "Wednesday night, the vessel being sold on the morning of ,tbe following day ; and further that the power of attorney never bid been shewn to Captain Sullivan, and no demand of payment of the mortgage had been made after the receipt of the deed.,* M.r Oakes held that sttll waster ml part owner of the Maid oi Erhl, and that the Customs* authorities', had no rj*ht to endorse a change of mas'tfer§} thttugh the> wete .gntiiled Id demand tpe register "for .tlie lawful navigation, ,of. .th'e^ ship." „ The M^gistratfe stated ,tha,t lie. was pot. called upon to de^ cide wHetHer the sdlts was legal dr n'ritj or who was \he ownet oi ; master of the vessel, but that the Customs, uuder clause li.of. the Merchant Shipping Act, were entitled to demand the register; .Mr b"akes,her"eliif forriied the Court that. He lv4s prepared $ give up the register if the Court would i make an order that no change of masters or alterations whatever were endorsed on the certificate. His worship refused to make any such order, whereupon Mr Oakes replied that he would advise his client tQ detain the register and, pay the fine LIOO as mentioned in clause L of thb Act. The Court reserved its decision until to-morrow (to-day). The Cour,t was then adjourned until eleven o'clock to-morrow (this day).

The Venerable Thomas Thorp, B.D\, Archdeacon of Bristol, created some consternation by a statement made in his charge on the occasion of his visitation at Bristol recently. The venerable archdeacon, after stating that he had given notice in Convocation of a motion for the pro^ duction of a copy of the original prayerbook, said that he had no hesitation in declaring that to publish the banns of marriage after the second lesson, as was done in many instances at present, was illegal, and every marriage that took place; after banns so published was void, and every clergyman who had so published them was liable to fourteen years'transportation. The proper time at which tbe banns should be published was just befoW the offertory sentences were read. He had no doubt, however, that an act would be passed to indemnify all clergymen who had erred in this respect, and to recogniee' the validity of the marriages which bad been solemnised after banns so published; Field-Marshal Benedek has, it is said, announced that he will accept Mr W. H. Jtusifcli; the historian of the Crimea, da the only ■odvresppnden.t of the prest at hta At&dqvwttrii ,'